Peter, Stan, and Katherine covered developments leading up to the release of the draft Privacy Shield Text on February 29. Topics discussed included comparisons to the EU-US Safe Harbor, new enforcement mechanisms, more detailed notice requirements, and new rules for transfers to third parties.

Some of the key questions discussed included:

Should companies that were previously self-certified to the Safe Harbor framework continue to maintain their Safe Harbor certification until the Privacy Shield framework becomes effective?

How likely is it that the Art. 29 Working Party will approve the new Privacy Shield framework?

Will Privacy Shield requirements be interpreted in accordance with European law and the interpretations of data protection authorities, or is there more room for interpretation?